Calls Made For Removal Of Cabinet Powers In Legal Profession Act

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BVI Platinum News
Members of the Cabinet during the address

(PLTM) - The Virgin Islands General League of Counsel is calling for the powers granted to Cabinet to regulate the legal profession to be removed.

This was voiced by Chairperson of the League of Counsel, Mrs. Dancia Penn-Sallah, QC in the presence of Governor, the Honourable Augustus Jaspert and Premier, the Honourable Dr. D. Orlando Smith on Tuesday, September 18.

In her address at the special sitting to mark the opening of the 2018-2019 Law Year, the learned Attorney and former politician expressed concerns over the amendments made to the Legal Professions Act of 2015, under which the League was formed.

“I am concerned that the two amendments which were made to the principle Act in a very substantial way, impacted the efficacy and the ability of the Virgin Island General League of Counsel to perform,” she stated.

She went on to say that one effect of the amendment is that the regulation of the profession falls under the purview of the Cabinet.

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Javon Liburd/BVI Platinum News

Section 16 of the Act, which was amended states, “Cabinet may in consultation with the Council make regulations for carrying into effect and the better implementation of the provisions of this Act.”

It continues, “Without limiting the generality of sub-section (2), Cabinet may in consultation with the Council make regulations in respect of the following matters: (a) fixing the ratios to be applied in determining the issue of practicing certificates; and (b) the employment of non-resident legal practitioners by law firms, to practice.”

According to Penn-Sallah, "This has serious implications for the rule of law and sometimes we do not see these things today, but it has serious implications for the rule of law and it ought to be changed.”

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